David H. Saxon - Page 2

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          under section 6654(a).1  This case is before the Court on                   
          respondent’s motion to dismiss for failure to state a claim upon            
          which relief can be granted and to impose a penalty under section           
          6673 (motion to dismiss).                                                   
                                     Background                                       
               When the petition in this case was filed, petitioner resided           
          in Maryville, Tennessee.                                                    
               Petitioner failed to file an income tax return for 2003.  In           
          addition, he failed to pay any tax for 2003, including estimated            
          income tax.                                                                 
               On September 26, 2005, petitioner filed a petition with the            
          Court seeking judicial review of respondent’s aforementioned                
          determination of the deficiency and additions to tax for 2003.              
          In the petition, petitioner alleges he was required to file a               
          return only if (1) the Secretary through a designated delegate              
          obtained approval from the Office of Management and Budget (OMB)            
          for a valid control number appearing on the form petitioner is              
          required to file and authorizing the collection of income tax               
          information and (2) petitioner’s income exceeds the exempt amount           
          under section 151(d).  No meaningful facts supporting                       




               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the year at issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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